Appeals court upholds 2024 soot pollution standard after EPA challenge

A federal appeals court on Friday rejected the Environmental Protection Agency's request to invalidate a 2024 rule that lowered the annual limit for fine particle pollution to 9 micrograms per cubic meter of air. The unanimous three-judge panel said the agency's arguments lacked merit. The ruling leaves the standard in place for coal-fired power plants, factories, and other industrial sources.

Background of the rule The 2024 standard replaced a 12-microgram limit set more than a decade earlier. It requires states and counties to reduce particle pollution from power plants, vehicles, industrial sites, and wildfires. The Environmental Protection Agency under the prior administration projected the tighter limit would prevent more than 800,000 asthma symptom cases, 2,000 hospital visits, and 4,500 premature deaths.

Legal challenge and response The Environmental Protection Agency asked the court last year to set aside the rule, citing a lawsuit filed by attorneys general from 25 Republican-led states and business groups. Those plaintiffs argued the rule would raise costs for manufacturers, utilities, and families.

An agency spokesperson said in November that the rule would cost hundreds of millions, if not billions, of dollars and was not based on a full review of available science. The Environmental Protection Agency stated on Friday that it is reviewing the decision.

>"Clean air is not a luxury. " — Patrice Simms, vice-president of healthy communities at Earthjustice (The Guardian) The Natural Resources Defense Council said the delay in implementation has left millions of Americans breathing unhealthy levels of soot and called on the agency to deliver the reductions required by the Clean Air Act.